Georgia bill would ban police from searching cars based on marijuana smell alone | Here's what we know

OG article by Hunter King

January 22, 2026

House Bill 496, introduced by Rep. Jasmine Clark (D-Atlanta), seeks to prohibit law enforcement from using marijuana, cannabis, or hemp odor alone as grounds for stops, searches, or arrests. The proposal follows incidents like a Houston County chase sparked by marijuana smell during a tail light stop, yielding marijuana and crack cocaine after a PIT maneuver. Peachtree NORML’s Corey Lowe, a former officer, supports it as “common sense” to reduce discretion, subjectivity, and distrust—citing exaggerated smell claims. Opponents like Byron Police Chief Wesley Cannon argue it hinders officers’ sensory detection of crime, recalling a case where odor led to meth and warrants. Georgia’s 2019 hemp legalization complicates matters, as hemp smells identical but is legal, while marijuana remains illegal. Courts currently accept odor as probable cause. Similar prior bills stalled. The federal rescheduling to Schedule III adds context, though local enforcement warns of reduced crime-fighting ability. Debate centers on balancing rights and public safety.